NORTHAM & LOWREY (No.2)

This matter concerned parenting orders for a child with special needs due to autism spectrum disorder. The child resided with the mother and spent time with the father. The father had a history of non-compliance with court orders and a refusal to cooperate with the mother. The mother sought orders for sole parental responsibility in relation to certain matters, and shared parental responsibility for all other matters.

The court was required to determine the most appropriate parenting arrangements for the child, considering the child's vulnerability, need for supervision and protection, the presence of family violence, and the father's denigration of the mother. The central legal issue was how to balance the child's best interests with the parents' respective roles and the father's past conduct.

Young J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the paramountcy of the child's best interests. The court found that the child's vulnerability and need for a stable, supervised environment necessitated specific orders. The father's history of non-compliance and denigration of the mother weighed heavily against granting him unfettered parental responsibility. Consequently, the court made orders for the child to live with the mother and spend time with the father, but these arrangements were subject to strict conditions designed to ensure the child's safety and well-being.